Client Resources

Please note - It is emphatically advised that you have an attorney explain the guidelines and how they may or may not apply to your case, as well as any other case law, statutes and codes that can possibly influence the resolution of your case.

How the Process Works

(There can be variations, but below is the general order of events in a Federal Criminal Case. The entire process can take anywhere from 2 months to several years to complete, depending upon the nature and complexity of the case):

Stages of a Federal Criminal Case:

Arrest - Person is taken into custody

Initial Interview - Usually done by the Federal Public Defender's Office

Initial Court appearance (sometimes called Arraignment or "PE" by counsel) - Both sides argue about bail, appointment of counsel, and other issues that may apply.

First meeting with attorney - Either appointed or retained counsel.

Counsel negotiates case with government attorney(s) - Discovery is turned over (arrest reports and other documentation)

Preliminary Hearing - Usually results in a Waiver of Indictment or a not guilty plea to an Indictment

Attorney meeting - To discuss motions for trial or prepping for plea

Pretrial motions - If client chooses to go to trial

Attorney meeting(s) - To prepare for trial as necessary.

Trial

Evidentiary Issues - Discussed with judge before trial begins

Choosing a jury (unless a bench trial is chosen)

Opening Statements

Prosecutions case-in-chief

Witness testimony and Cross Examination and re-direct

Rule 29/Motions to dismiss

Defense's case-in-chief

Witness testimony and Cross Examination and re-direct

Re-iterate Rule 29/Motions to dismiss if applicable

Closing Arguments

Jury Instructions

Jury Deliberation and Verdict - (if found "not guilty", client goes home or to immigration and criminal case is over).

Motions to set aside verdict or Motions for new trial

Attorney meeting(s) - To prepare for sentencing as necessary and to meet with Probation officer for Pre-sentence report

Sentencing - If Guilty Plea entered or Guilty Verdict at trial

Appeal - If not waived.

Defendants' Rights During a Trial:

(from www.Findlaw.com - with minor edits)

The Bill of Rights promises fair treatment for criminal defendants.

There are two fundamental aspects of the U.S. criminal justice system: The presumption that the defendant is innocent, and the burden on the prosecution to prove guilt beyond a reasonable doubt. But criminal defendants have other rights, too, including the rights to:

remain silent

present defense witnesses

confront government witnesses

have a speedy and public trial

have a jury trial or choose a bench trial (where the judge is the only jury member)

remain silent without the government commenting upon any refusal to testify

be represented by a competent attorney

testify on their own behalf

appeal any jury guilty verdict

not be tried twice for the same offense ("double jeopardy").

Here are some other hallmarks of basic criminal procedure:

Right to Remain Silent

The Fifth Amendment to the U.S. Constitution provides that a defendant cannot "be compelled in any criminal case to be a witness against himself." In short, the defendant cannot be forced to speak. If the defendant chooses to remain silent, the prosecutor cannot call the defendant as a witness, nor can a judge or defense attorney force the defendant to testify. (A defendant may, however, be forced to testify as a witness in a civil case.)

Right to Confront Witnesses

The "confrontation clause" of the Sixth Amendment gives defendants the right to "be confronted by the witnesses against" them. This gives defendants the right to cross-examine witnesses -- that is, the right to require the witnesses to come to court, "look the defendant in the eye," and subject themselves to questioning by the defense. The Sixth Amendment forbids prosecutors from proving a defendant's guilt with written statements from absent witnesses, except for limited exceptions.

Special Confrontation Rules for Child Sexual Assault Cases - In recent years, legislators have been concerned about defendants who escape punishment for sexually molesting young children because the children were afraid to testify in the defendant's presence. To address this problem, many states have enacted special rules that authorize judges -- in certain situations -- to allow children to testify via closed circuit television. The defendant can see the child on a television monitor, but the child cannot see the defendant. The defense attorney can be personally present where the child is testifying, and can cross-examine the child.

Right to a Public Trial

The Sixth Amendment guarantees public trials in criminal cases. This is an important right, because the presence in courtrooms of a defendant's family and friends, ordinary citizens, and the press can help ensure that the government observes important rights associated with trials.

In a few situations -- normally involving children -- the court will close the court to the public. For example, judges can bar the public from attending cases when defendants are charged with sexual assaults against children. Also, the judge may exclude witnesses from the courtroom in order to prevent a witness from influencing the subsequent testimony of another.

Right to a Jury Trial

The Sixth Amendment gives a person accused of a crime the right to be tried by a jury, except for petty offenses carrying a sentence of six months or less of jail time. This right has traditionally been interpreted to mean a 12-person jury. However, a jury can constitutionally consist of as few as six persons, but defendants tried by six-person juries can be convicted only if the jury is unanimous in favor of guilt.

In most cases, a unanimous verdict is required to convict a defendant. In most states, a lack of unanimity is called a "hung jury," and the defendant will go free unless the prosecutor decides to retry the case. In Oregon and Louisiana, however, juries may convict or acquit a defendant on a vote of ten to two. And the U.S. Supreme Court has upheld a state law providing for less-than-unanimous verdicts by 12-person juries in non-death penalty cases.

Potential jurors must be selected randomly from the community, and the actual jury must be selected by a process that allows the judge and lawyers to screen out biased jurors. In addition, a lawyer may eliminate several potential jurors simply because he feels that these people would not be sympathetic to his side -- but these decisions (called "peremptory challenges") may not be based on the juror's personal characteristics such as race, sex, religion, or national origin.

Right to a Speedy Trial

The Sixth Amendment gives defendants a right to a "speedy trial." However, it does not specify exact time limits. Thus, judges often have to decide on a case-by-case basis whether a defendant's trial has been so delayed that the case should be thrown out. In making this decision, judges look at the length of the delay, the reason for the delay, and whether the delay has prejudiced (harmed) the defendant's position.

If you or someone you know has been arrested or charged with a federal crime, please call us at (619) 295-1264, or email our offices today to arrange for a free consultation.